Courtesy photo NJ District Court: State's Med-Mal Damages Cap Applies to Federal EMTALA Claims
"This court concludes that plaintiff's failure-to-stabilize claim would constitute a malpractice claim if brought under New Jersey law, notwithstanding the fact that the claim does not require Plaintiff to prove the elements of professional negligence here," said U.S. Chief Judge Renee Maria Bumb of the District of New Jersey.
April 27, 2023 at 12:10 PM
7 minute read
A federal judge in New Jersey sought out-of-circuit guidance to conclude that the damages cap contemplated by the New Jersey Charitable Immunity Act extends to a failure-to-stabilize claim brought under the federal Emergency Medical Treatment and Active Labor Act, even though it is not a negligence claim per se.
In an April 26 opinion, U.S. Chief Judge Renee Maria Bumb of the District of New Jersey denied motions for summary judgment brought by various doctors and hospitals in a claim of medical malpractice, negligent infliction of emotional distress, and loss of consortium brought by a plaintiff over his wife's death. However, the court did grant a motion by defendants Cape Regional Medical Center and Cape Regional Health System as to their affirmative defense of charitable immunity.
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